Texas Hazard Communication laws & safety compliance analysis

Texas Hazard Communication : What you need to know

· Rules. Texas has enacted the AHCA, also known as the Texas Farmworker Right-to-Know Act, to protect the state's large farmworker population. Employers governed by both THCA and AHCA must comply only with THCA.

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The federal OSH Act governs the state’s private sector workplaces, including worker “right to know.” Texas has its own THCA, but it is not federally approved; as a result, the state governs only for the public sector workplace (state, county, and local government employers, including schools, universities, and volunteer emergency service organizations). The public sector rule contains some worker right-to-know provisions that are stricter than federal rules, including rules for material safety data sheets (MSDSs) and employee training recordkeeping. See the state section MATERIAL SAFETY DATA SHEET for more information.

· Administration and enforcement. TDA and DSHS enforce farmworker health and safety rules. OSHA administers and enforces worker right-to-know rules in private sector workplaces. DSHS administers worker right-to-know in public sector workplaces.

PRIVATE SECTOR-AGRICULTURE

Texas follows the federal rules (40 CFR 170) to protect agricultural laborers (farmworkers) from hazardous substances, especially pesticides. Texas has adopted worker hazard communication rules to protect workers who work with chemicals labeled under the federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136) and fertilizers with chemicals that are listed or defined as hazardous in OSHA’s hazard communication regulations at 29 CFR 1910.1200.

Definitions
H&SC 125.003 and 4 TAC 8.3

"Farmworkers" are defined as persons who plant, cultivate, harvest, or handle agricultural ...


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